Most young adults – particularly in college settings – have drunk alcohol before they were of age, usually by convincing someone older than them to purchase it. As far as some people are concerned, it’s practically a rite of passage. Others might have had the alcohol given to them by older friends or family. We all know that you can get in trouble with the law for underage drinking, but what happens to the person who provided the alcohol when you get caught, or worse, if you end up injuring yourself or others? Under social host liability laws, the host – the person who supplied the alcohol – shares in any liability for actions done by the intoxicated individual. In some states, these laws apply even if your inebriated guest is an adult.
Supplying a minor with alcohol can land you with a charge of contributing to the delinquency (CDM) of a minor, although the specifics vary by state. In California, as an example, CDM is a misdemeanor and if convicted you may be punished by a fine of up to $2,500, imprisonment in a county jail for up to a year, or both. You may also be released on probation for up to five years. In most cases, the minor doesn’t even have to commit the act of delinquency; you could be charged for buying a case of beer with the intent to give it to them, even if they never actually possess it. If they do take possession of it, you can also be charged with giving alcohol to someone under the age of 21, which is a separate offense. Some states have exceptions if it was a parent or guardian providing alcohol to their child.
If you’re providing alcohol to adult guests, it’s unlikely but still possible that you’ll be held responsible for their actions. Usually, this would happen in a case where you gave alcohol to someone, were fully aware that they were too drunk to drive and let them leave anyway, and then they end up causing an accident. The charges against you would most likely be for negligence, as is usually the case when someone acts recklessly but not maliciously. The liability is for injuries to third parties harmed by the intoxicated person and not the drinker himself.
Social host provisions do not apply to licensed establishments such as restaurants, bars, and liquor stores. These are covered by dram shop laws, which make the business liable if they serve a visibly intoxicated person who then injures someone else. These are civil cases, not criminal, and usually the plaintiff has to show that the person who was serving alcohol to the intoxicated person knew or should have known that he was drunk.
If you or a loved one need help with quitting drugs or alcohol, consider Asana Recovery. We offer medical detox, along with both residential and outpatient programs, and you’ll be supervised by a highly trained staff of medical professionals, counselors, and therapists. Call us any time at (949) 438-4504.
